The relationship between the constitutional guarantee of protection by the state and the restriction of the rights of a person liable for alimony

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The problem of the relationship between the guarantee of protection by the state and the limitation of the rights of the person who is the payer of alimony is considered, and a conclusion is drawn about the existence of specific conditions in which this guarantee is implemented. The reason is the presence of an initial constitutional duty of care for children, interconnected with the right to participate in the life of the child, which cannot be reduced solely to the property component. It is shown that the unreasonable demands of the recipient of alimony in conditions where the obligation of the payer is carried out voluntarily limits his non-property rights. It is concluded that voluntary participation in the maintenance of the child is preferable, excluding the recipient of alimony from exercising the right to protection if the actual amount of participation of the second parent exceeds the amount of alimony established by law

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Right to protection, enforcement proceedings, alimony, restriction of rights, child support

Короткий адрес: https://sciup.org/170201303

IDR: 170201303   |   DOI: 10.24412/2500-1000-2023-11-1-53-56

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